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Civil law and criminal law are two broad and separate entities of law

with separate sets of laws and punishments.


According to William Geldart, Introduction to English Law 146 (D.C.M.
Yardley ed., 9th ed. 1984),
"The difference between civil law and criminal law turns on the difference
between two different objects which law seeks to pursue - redress or
punishment. The object of civil law is the redress of wrongs by compelling
compensation or restitution: the wrongdoer is not punished; he only suffers
so much harm as is necessary to make good the wrong he has done. The
person who has suffered gets a definite benefit from the law, or at least he
avoids a loss. On the other hand, in the case of crimes, the main object of
the law is to punish the wrongdoer; to give him and others a strong
inducement not to commit same or similar crimes, to reform him if possible
and perhaps to satisfy the public sense that wrongdoing ought to meet
with retribution.
Examples of criminal law include cases of burglary, assault,
battery and cases of murder. Examples where civil law applies include
cases of negligence or malpractice.

Comparison chart
Civil Law
Definition Civil law deals with the disputes between
individuals, organizations, or between the two,
in which compensation is awarded to the
victim.
Purpose To deal with the disputes between individuals,
organizations, or between the two, in which
compensation is awarded to the victim.

Case filed by Private party

Criminal Law
Criminal law is the body of
law that deals with crime and
the legal punishment of
criminal offenses.
To maintain the stability of
the state and society by
punishing offenders and
deterring them and others
from offending.
Government

Civil Law
Decision Defendant can be found liable or not liable,
the judge decides this.
Standard of "Preponderance of evidence." Claimant must
proof produce evidence beyond the balance of
probabilities.
Burden of proof Claimant must give proof however, the burden
may shift to the defendant in situations of Res
Ipsa Loquitur (The thing speaks for itself).
Type of Compensation (usually financial) for injuries
punishment or damages, or an injunction in nuisance.

Examples Landlord/tenant disputes, divorce proceedings,


child custody proceedings, property disputes,
personal injury, etc.

Criminal Law
Defendant is convicted if
guilty and acquitted if not
guilty, the jury decide this.
"Beyond a reasonable doubt":

"Innocent until proven


guilty": The prosecution must
prove defendant guilty.
A guilty defendant is subject
to Custodial (imprisonment)
or Non-custodial punishment
(fines or community service).
In exceptional cases, the
death penalty.
Theft, assault, robbery,
trafficking in controlled
substances, murder, etc.

Appeals Either party (claimant or defendant) can


appeal a court's decision.

Only the defendant may


appeal a court's verdict. The
prosecution is not allowed to
appeal.

Jury opinion In cases of civil law, the opinion of the jury


may not have to be unanimous. Laws vary by
state and country. Juries are present almost
exclusively in criminal cases; virtually never
involved in civil actions. Judges ensure law
prevails over passion.

In the criminal justice


system, the jury must agree
unanimously before a
defendant is convicted.

Commencement State/People/Prosecution by summons or


of proceedings indictment

By way of pleadings,
Representatives of the state,
Prosecutor, Attorney General.

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